Revision of the Working Time Directive CBSP Committee 7 November 2012 Jorma Rusanen
1. Revision of the Working Time Directive Pre vious attempts to revise the WTD failed Failed conciliation process between EP and Council, spring 2009 Here we are going again The Commission’s 1st consultation March 2010 – 2nd consultation December 2010 [Communication COM(2010) 801/3] The Social Partners started negotiations on 8 December 2011 Negotiations are difficult; what are the possibilities to succeed after so many years stalemate? We must be ready for the ”plan B”, if … What is sure, the Commission will give its legislative proposal in case negotiations fail Key issues remain: a health and safety Directive Working hours (opt-out), on-call, reference periods, daily/weekly rest, paid annual leave/sick leave, reconciliation of work and family life, autonomous workers (senior management)
The Working Time Directive (2) The negotiations between ETUC, BusinessEurope, CEEP and UEAPME 9 months => From December to (September) December 2012 – The social partners asked and got 3 months extension from the Commission Aim: an agreement, to be implemented by Council decision (Directive) Next meetings: 21, 23 and 30 November, 3 December; earlier meetings: 10 February, 8 March, 20 April, May (fact-finding seminar), 26 June, 24 September and 31 October ETUC: A broader revision of the directive Solid, wide mandate adopted by the ETUC Executive Committee on 19 October Now on the table put by us: 1) opt-out, 2) reconciliation of work and family life, 3) definition of autonomous workers (managerial staff) BusinessEurope: Narrow revision Wants to limit the revision to three issues – On-call time, paid annual leave/sick leave, reference period and compensatory rest
The Working Time Directive (3) The ETUC’s and industriAll’s key demands: – Workers health and safety at work cannot be subordinated to purely economic or financial considerations; – End to the opt-out; – Respect of on-call work as working time (ECJ case law); – Equivalent compensatory rest being fundamental (ECJ case law); – No prolongation of reference periods without sufficient safeguards and – Maximum working time has to be counted per worker and not per contract – Protection of managerial staff
The Working Time Directive (4) BUSINESSEUROPE, CEEP, UEAPME: On-call time: the distinction between active / inactive working time, only the active part of on-call being regarded as working time Annual leave/sick leave: MS to determine the conditions; not in compliance with ECJ cases Reference periods: to extend to 12 months also by means of national legislation Compensatory rest period: ‘within a reasonable period’ to be determined by national legislation, collective agreement or agreement concluded between the social partners; the proposal is in conflict with the purpose and scope of the directive and the ECJ judgments Opt-out
The Working Time Directive (5) The ETUC’s other actions: The ETUC launched an information and awareness campaign on working time to back up negotiations; The ETUC and its national affiliates promote legal action against a Member State for failure to comply with European working time regulation At the same time: EU Commission has launched an infringement procedure against 2 MS (Ireland and Greece) for serious violation of the WTD – Junior doctors’ working time The ETUC has encouraged the Commision to put an end to excessive working hours in Europe and to investigate the situation in other MS